This negligence action presents an issue of first impression, i.e., whether the rule enunciated in Mills v Gabriel (259 App Div 60, affd 284 N.Y. 755) remains a viable doctrine in light of the recently enacted comparative negligence statute (CPLR art 14-A).
The action was tried by this court without a jury and the following facts are found:
On March 3, 1976 a motor vehicle owned by plaintiff and leased to Feldman...
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